The Hawai’i State Senate convened it’s second special session of 2021 to consider the judicial appointments of Daniel Gluck to the Intermediate Court of Appeals (ICA) and Lesley Maloian to the District Family Court of the First Circuit.

Following a five-hour-long hearing on Tuesday, July 27, the Senate Committee on Judiciary voted today at its decision-making meeting to not recommend that the Senate consent to the appointment of Gluck to the ICA. Senators Rhoads, Gabbard, and Lee voted in support of the nominee, while Senators Keohokalole, Acasio, Kim, and Fevella voted in opposition.

Statement of David Ige:

I appreciate Mr. Gluck’s willingness to serve our communities and know that he will continue to be a voice for the underserved, no matter what his formal position. While the Senate came to a different conclusion about his appointment, I respect the process. I will be sending another name to the Senate within the time frame required by the State Constitution.

Statement of Daniel M. Gluck

regarding withdrawal of appointment to the Intermediate Court of Appeals

July 29, 2021

I spoke with Governor Ige and Senate President Kouchi to convey my wish to withdraw my appointment to the Intermediate Court of Appeals (“ICA”).  However, if I withdrew, it would have created confusion as to how the next appointment would be made.  My understanding, therefore, is that the Senate had to proceed with a vote.

Opponents of my appointment, particularly members of the Bar, were courageous in voicing their deeply rooted, legitimate grievances regarding the ways in which systemic racism and inequality permeate our lives.  They are correct that it is not easy to oppose a judicial nominee.  They are correct that every one of us has an obligation to do more to right historic injustice.

During the Judiciary Committee hearing on my appointment, I stated that I wanted to follow the appointment process set forth in the Constitution.  Yet I hope that, by indicating my desire to withdraw from this process, today’s vote can be less divisive for the Senate and Hawai‘i as a whole.  The community deserves judges who bring all of us closer rather than fracturing us further.  The other nominees on the list have extraordinarily impressive credentials; any one of them can, and will, serve the ICA with distinction.

I applied to be a judge because I wanted to serve the people of Hawai‘i:  to try to promote justice and equity in the islands I call home.  I continue to believe that I have the skills, experience, temperament, and character to resolve cases thoroughly, fairly, quickly, and justly.  I am humbled, beyond measure, by the testimony from colleagues, friends, judges, and community members – even those opposed to my appointment – attesting to my qualifications.  I was and am honored, more than words can express, that the Governor selected me from such an esteemed list of nominees.  I am deeply saddened that I cannot serve as an ICA judge.  I am sincerely grateful, however, that – through this process – our legislators have indicated their unwavering support for social justice.  I look forward to seeing concrete next steps from our policymakers towards these ends, and I hope I can be of assistance in these efforts.

I offer my sincere thanks to the Judicial Selection Commission, the Hawai‘i State Bar Association, and the Governor for their trust in me; to the Senate Judiciary Committee and the Senate as a whole for considering my appointment; to my family; and to everyone who testified – both in support and in opposition.  I hope I can continue to serve this community for many years to come.

With gratitude and aloha,

Daniel M. Gluck

The Hawai‘i State Senate’s rejection of the appointment of Daniel Gluck to the Intermediate Court of Appeals means that Gov. David Ige has ten calendar days or until Aug. 8 to make another selection from the list of the remaining five nominees submitted to him by the Judicial Selection Commission.

The remaining five nominees are:

Lance D. Collins

Summer M. M. Kupau-Odo

Sonja M.P. McCullen

Malia E. Schreck

Taryn R. Tomasa Gifford

The public is welcome to submit comments on any of the nominees on the governor’s website at: https://governor.hawaii.gov/contact-us/contact-the-governor/

The Committee also voted to recommend that the Senate consent to the appointment of Lesley Maloian to the District Family Court of the First Circuit.

Final Senate votes on the two judicial appointments will take place today (Thursday, July 29) at 11:00 a.m.